1. General; Agreement to Terms; Users
These Terms and Conditions of Use (“Terms”) are entered into by and between you and Koalux.com (“Koalux”, “we” or “our”). In consideration of your use of and access to this Website (the “Site”), and the promises and obligations herein, and intending to be legally bound, you and Koalux hereby agree as follows:
Your access to and use of this Site is subject to and governed by these Terms, which incorporate our separately posted Privacy Policy, as well as any other policies or modifications to the policies issued by Koalux and all applicable laws and regulations. By using this Site, you agree to comply with and will be deemed to be bound by these Terms, the Policies and the applicable laws and regulations in connection with your use of the Site. If you do not agree to be bound by these Terms, the Policies and all applicable laws, you are required to leave the Site and discontinue use of the Site and services provided on or through the Site.

2. Changes in Terms
Koalux shall have the right, in its sole discretion, at any time and without prior notice, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the Site. The date of the last revision of the Terms will appear at the top of these Terms. You are responsible for reviewing the Site periodically for any modification to these Terms. You agree that you shall be deemed to be apprised of and bound by any revisions or additions by Koalux to the Terms. YOUR CONTINUED USE OF THE SITE AFTER ANY SUCH CHANGES TO THE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE NEW TERMS, WHETHER OR NOT YOU ACTUALLY REVIEWED THEM. No modification to these Terms by any party other than Koalux shall be valid or enforceable against Koalux unless expressly agreed to by Koalux in writing signed by a duly authorized officer of Koalux.

3. Accessing the Website and Account Security
You are responsible for making all arrangements necessary for you to have access to the Site, and to ensure that all persons who access the Site through your internet connection are aware of these Terms.
To access certain features of the Site, you may be asked to register an account and provide certain registration details. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy [Koalux.com/policies], and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from or log out of your account at the end of each session.

4. Termination
These Terms are effective until terminated by Koalux. We may terminate these Terms without notice and at any time in connection with any features of the Site. In the event of termination, you are no longer authorized to access those features of the Site, and the restrictions imposed on you with respect to the content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.
Koalux shall have the right without notice and at any time to terminate some or any of the features of the Site or portion thereof, or any products or services offered through them, or to terminate any individual's right to access or use of the Site or any feature or portion thereof.
Koalux shall also have the right to disable any user name, password, or other identifier at any time and in our sole discretion including if, in our opinion, you have violated any provision in these Terms of Use.

5. Compliance with Laws
You agree to comply with all laws, statutes, ordinances, and regulations regarding your use of the Site and your purchase of products or services through them.
You must be at least 13 years old to use the Site. If you are under 18, you may only use the Site with the permission and involvement of a parent or guardian.

6. Content; Intellectual Property
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by Koalux on or through the Site, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the "Content".
The Content may contain errors, omissions, or typographical errors or may be out of date. Koalux may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Koalux in any way except to the extent it is specifically indicated to be so.
Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Koalux or by third parties that have licensed their use to Koalux. You may view and use the Content only for your personal information and for shopping and ordering on or through the Site, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, Koalux does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Site, including without limitation by transferring, downloading, or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by Koalux, is strictly prohibited.

7. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide written notice to Koalux. Your notice should include the written information specified below:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; • A description of the copyrighted work or other intellectual property that you claim has been infringed; • A description of where the material that you claim is infringing is located on the Site, including the product number, if applicable; • Your address, telephone number, facsimile number, and email address; • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; • A statement by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.
The notice of claims of copyright or other intellectual property infringement should be sent to Koalux through the methods below:
By email: [assistance@koalux.com]

8. User Conduct
You may only use the Site for lawful purposes and in accordance with these Terms. You agree not to use the Site:
• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise. • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use. • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation. • To impersonate or attempt to impersonate Koalux, a Koalux employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing). • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm Koalux or users of the Site or expose them to liability. • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site. • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site. • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent. • Use any device, software, or routine that interferes with the proper working of the Site. • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site. • Otherwise attempt to interfere with the proper working of the Site.

9. Third Party Sites and Content
Links to other Internet sites operated by third parties, including Koalux’s vendor partners, do not constitute sponsorship, endorsement, or approval by Koalux of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Koalux, and Koalux is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
To the extent any Content is provided by third parties, Koalux includes it for informational purposes only. Pursuant to Section 230 of the Federal Communications Decency Act, providers of interactive computer services are not considered or treated as publishers or speakers of information that is provided by other information content providers.

10. Prices Displayed; Orders; Shipping and Handling
All prices displayed on the Site are quoted in U.S. dollars. Koalux reserves the right to discontinue or change specifications and prices on products and services offered through the Site without prior notice and without incurring any obligation to you. Products and services offered on this site are available while supplies last. Descriptions of, or references to, products or services offered by the Site do not imply endorsement of that product or service, or constitute a warranty, by Koalux.
Your receipt of an order confirmation from either Koalux or a third party payment processing service such as PayPal, Amazon Pay, or Apple Pay, does not constitute Koalux's acceptance of an order. Koalux reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation, for any reason. Koalux reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification
In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, Koalux shall have the right to refuse or cancel orders placed for the product or service listed at the incorrect price, regardless of whether the order has been confirmed and your credit card or other payment method has been charged. If your credit card or other payment method has already been charged for the purchase and your order is canceled, Koalux shall promptly issue a credit to your credit card account or other payment method in the amount of the incorrect price.
The risk of loss and title for all products purchased by you and shipped by Koalux or one of Koalux’s vendor partners pass to you upon delivery to the carrier for shipment.

11. Disclaimer and Limitation of Liability as to the Site and Content
KOALUX MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. KOALUX ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH THE SITE IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE SITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL KOALUX, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY OF THE SITE OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF KOALUX IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


12. Disclaimer and Limitation of Liability as to Products and Services
ALL PRODUCTS AND SERVICES SOLD BY KOALUX ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, KOALUX MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, KOALUX EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES SOLD THROUGH THE SITE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL KOALUX, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED THROUGH THE SITE, EVEN IF KOALUX IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL KOALUX'S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.

13. Indemnification
You agree to defend, indemnify, and hold harmless Koalux, Koalux's vendor partners, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the Site. The foregoing indemnification obligation shall survive termination of these Terms and the operation of the Site or any product or service provided to you arising out of or relating to your use of the Site.

14. Submissions
Except as otherwise expressly provided herein or in Koalux's separately posted Privacy Statement, any communication or material you transmit to Koalux through the Site by electronic mail or otherwise, including without limitation any contest or sweepstakes entries, images, photographs, video files, audio files, essays, questions, comments, suggestions, any ideas for features, modifications, enhancements, refinements, products, technologies, content, offerings, promotions, strategies, or product feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively, "Submissions"), is and will be treated as non-confidential and non-proprietary and you grant to Koalux, Koalux’s vendor partners, and/or their respective affiliates or related entities, a non-exclusive, perpetual, irrevocable, transferable, royalty-free license to use any Submission for any purpose, including without limitation reproduction, modification, disclosure, transmission, publication, broadcast, and posting, and for advertising, publicity, or promotional purposes in any media without further permission, consent, payment, or other consideration, unless prohibited by law. Koalux has no obligation to review, consider, or implement your Submission, or to return to you all or part of any Submission for any reason.

15. Governing Law
Access to or use of the Site shall not be construed as the purposeful availment by Koalux or any of its partners of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of New York. All matters relating to the Site and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with federal copyright and trademark laws and the laws of the State of New York without giving effect to any choice or conflict of law provision or rule.

16. Miscellaneous
Koalux shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including without limitation acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or government agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
No waiver by Koalux of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms.
The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.
If you have any questions or concerns about the Site or these Terms, please contact: [assistance@koalux.com].




Koalux Terms & Privacy Policy - Last Updated March 19th, 2023

This policy outlines the information we gather from visitors to Koalux.com (the “Site”, “Koalux” or “we” or “our” or ”us”), the reasons for collecting it, how and with whom we share it, our measures to protect it, and your privacy rights as a visitor. However, this privacy policy doesn't cover information collected from our employees, contractors, or vendors, nor does it apply to information you request us to share with third parties or that's collected by Online Tool Providers. You acknowledge that Koalux isn't liable for the data collection or use practices of other Site users or third parties, except for our Service Providers.

CONSENT By using the Site, you expressly consent to the use and disclosure of your information as described in this privacy policy. Your continued use of the site after any modifications constitute acceptance thereof. If you disagree with this privacy policy, kindly refrain from accessing or using the Site. Information collected via the Site may be transferred, used, and stored in the United States or other countries where our service providers or we are based. By using the Site, you agree to such transfer, use, and storage. Note that data protection and other laws in these countries may not be as comprehensive as those in your country. All Site-related transactions are deemed to occur in the United States, where our servers are situated.

INFORMATION COLLECTED Koalux collects information that can identify or contact, or could reasonably be linked to, our customers, account holders, or other individuals (“Personal Information”). We also collect non-Personal Information to enhance visitors' Site experience. Personal Information is voluntarily submitted by you when, for instance, signing up for our newsletter or registering an account. It may include your name, address, email address, telephone number, and additional details. Koalux also collects your IP address and geo-location information.

Non-Personal Information is automatically gathered when you access our Site through various means like tracking IP addresses, cookies, and web beacons. This information includes browser and device type, computer settings, recently visited URLs, and dates and times of Site usage. Occasionally, Koalux may request demographic Personal Information such as household income or buying preferences.

You're free to abstain from providing Personal Information, but it may limit your access to certain Site features. We don't use non-Personal Information to identify you, and if any such information is associated with your Personal Information, we treat it as such. Personal Information and non-Personal Information may be collected by us or our Service Providers or Online Tool Providers.

INFORMATION FROM CHILDREN UNDER 13 This Site isn't intended for use by children under 13, and we don't knowingly collect Personal Information from them. If we discover such information has been provided, we'll take steps to delete or remove it from our systems.

USE OF INFORMATION We utilize collected information, including Personal Information, for various purposes such as operational needs, customer support, marketing, improving Site accessibility, and web analytics. We also share certain information under specified circumstances including with your consent, when required by law, with affiliates, Service Providers, Online Tool Providers, and in the event of changes in ownership or bankruptcy.

DATA RETENTION We retain Personal Information for as long as necessary for legitimate business purposes, unless a longer retention period is required by law. You may request access, correction, deletion, or amendment of your Personal Information. However, note that we may need to retain certain information for legal or legitimate business reasons.

USE OF COOKIES When you visit the Site, Koalux may store information on your computer in the form of cookies or similar files. These cookies help improve your Site experience and allow us to tailor content to your interests. We also utilize Online Tool Providers, including Google, which may use cookies for interest-based advertising. You can manage your cookie settings through your browser's settings.

SECURITY Koalux employs industry standard security measures to protect your Personal Information. While we strive to safeguard your data, we can't guarantee its absolute security. We restrict access to Personal Information to authorized personnel and require Service Providers and Online Tool Providers to implement reasonable information security measures.

LINKS TO OTHER WEBSITES Our Site may contain links to third-party websites whose privacy practices we aren't responsible for. Visitors accessing linked sites should review their privacy policies before disclosing personal data.

ACCESSING, CORRECTING OR UPDATING YOUR INFORMATION Koalux encourages you to keep your Personal Information accurate and up to date. You may request access, correction, deletion, or amendment of your information through specified means.

CHANGES AND UPDATES TO THE PRIVACY POLICY We may revise this Policy periodically, and amendments will be posted on the Site. Your continued use of the Site after changes constitute acceptance thereof.

CONTACT US If you have questions regarding this privacy statement or your interactions with the Site, contact us at assistance@koalux.com.